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INTERLOCAL AGREEMENT FOR DEPUTIZATION 

AND MUTUAL LAW ENFORCEMENT ASSISTANCE 

BETWEEN 

THE LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS 

AND 

THE COUNlY OF EMMET 

PREAMBLE 

1. This Agreement is entered into by the County ofEmmet and the Little Traverse Bay Bands of 

Odawa Indians pursuant to the Urban Cooperation Act, MCL 124.501 et seq. 

2. The Little Traverse Bay Bands ofOdawa Indians is a federally recognized Indian Tribe 

pursuant to the terms ofPublic Law 103-324, 25 USC§ 1300k (hereafterLTBB or Tribe), and the 

County ofEmmet is a municipal corporation in the State ofMichigan. 

3. LTBB is authorized to enter into agreements with federal, state and local governments under 

Article VIl (l)(b) ofthe Tribal Constitution as well as the Urban Cooperation Act. The County of 

Emmet is authorized to enter into agreements under State law as well as the Urban Cooperation Act. 

4. The additional signatories (the Emmet County Sheriff, ElllllletCounty Prosecutor, LTTB Police 

Chief and LTTB Prosecuting Attorney) are in agreement with the provisions ofthis Interlocal 

Agreement as it effects their respective powers and duties. 

5. The Sheriffis authorized under MCLA 51. 70 and 5I.73 to appoint special deputies "by an 

instrument in writing, to do particular acts." 

PURPOSE 

6. LTBB and Sheriff desire to maximize effective law enforcement for all those present in Emmet 

County by providing for the deputization ofthe LTBB Tribal Police officers on LTBB's Trust lands 

under the powers granted the Sheriffunder MCLA 51.70 and 51.73 and to empower the LTBB 

officers with such authority to fulfill the duties and responsibilities of a Sheriff's special deputy pursuant 

to the Statutes ofthe State ofMichigan. 

7. The parties do not intend by this Agreement to establish a separate legal or administrative entity 

under Section 7(1) ofthe Urban Cooperation Act (MCL 124.507(1)) and have not therefore provided 

for or otherwise established such an entity by the terms ofthis Agreement. 
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DEFINITIONS 

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8. As used in this Agreement: 

ECSD means the Office ofSheriffofEmmet County, or his deputies where applicable 

LTBB or Tn"be means the Little Traverse Bay Bands ofOdawa Indians 

County means Emmet County 

Trust lands means lands held by the United States in trust for the Little Traverse Bay Bands of 

Odawa Indians, as follows: 

See Attachment "A" fur the list ofproperties in trust 

Any further additional trust parcels shall be identified in addenda to this 

Agreement. 

AGREEMENT 

9. The term ofthis Agreement is from the date that all signatories have signed this Agreement until 

December 31, 2004, except that ifthe Sheriff or LTrB police chief no longer hold their position, their 

· successor may terminate this Agreement immediately in writing forwarded to the County and to the 

LTBB. 

10. Trust land access by non-Tribal law enforcement officers and mutual assistance: 

A. Non-Emergency Situations: In the investigation ofa criminal offense, an ECSD 

law enforcement officer may only enter onto LTBB's Trust land after first 

contacting and receiving pennission from L TBB 's Police Department to do so. 

LTBB's Police Department may condition approval ofsuch request on an 

LTBB officer accompanying the non-Tribal officer onto the Trust land. 

B. Life: Threatening Emergencies: In life threatening emergency situations on LTBB's Trust 

land, the nearest law enforcement car ofany governmental unit may respond, and the 

LTBB Police Department shall be notified as soon as possible. 

C. Hot pursuit is allowed in accordance with paragraphs 12-14 below. 
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D. In the event that a situation is in progress on Trost lands that requires immediate law 

enforcement presence to hold down the peace, and an LTBB officer is not readily 

available, the LTBB Police Department may request response by ECSD to hold down 

the peace until an LTBB law enforcement officer arrives. 

E. In the event that a situation is in progress offTrust lands that requires immediate law 

enforcement presence to hold down the peace, and an ECSD officer is not readily 

available, the ECSD may request response by the L TBB Police Department to hold 

down the peace until an ECSD law enforcement officer arrives, 

Deputization ofTribal Law Enforcement officers 

11. A. LTBB police officers, upon presentation ofwritten evidence of certification satisfactory 

to the State ofMichigan, and meeting the requirements for deputization and approval of 

individual L TBB police officers as determined by the Sheriff, may be deputized by the 

Sheriff, upon ta1dng the oath as described in MCL 51,73, to act as a Sheriff's special 

deputy within Trost lands for all civil and criminal infractions which come under the 

jurisdiction ofthe State ofMichigan and/or Emmet County, 

LTBB and its police officers will comply with the requirements ofMCL 28,609 and 

abide by all ECSD policies regarding law enforcement. A copy ofthose policies will be 

provided by ECSD to LTBB police chieffor distribution to tribal police officers. 

ECSD will promptly provide copies of any later changes or amendments to those 

policies, LTBB will obtain signed acknowledgments from tribal officers who have been 

deputized, evidencing the receipt ofthe original policies and/or any later changes or 

amendments ofthose policies. 

This Agreement confers no rights of employment with Emmet County on L TBB police 

officers. The LTBB police officers are not entitled to any ofthe rights, privileges and 

benefits ofemployment with Emmet County except as may be stated in this agreement. 

B. LTBB police officers serve as a deputy sheriff pursuant to this Agreement at the 

pleasure ofthe Sheriff. The Sheriffmay revoke the deputy status of a LTBB police 

officer at any time, with or without cause. 

C. The L TBB police chief and the Sheriff shall each appoint an officer oftheir respective 

departments to serve as a liaison between the two department.,. 
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Hot Pursuit 

12. Any State law enforcement officer, duly authorized as a peace officer, who observes the 

commission of a felony offense, a misdemeanor offense, and/or traffic offenses including civil infraction 

offenses offTrust lands, or who has reasonable cause to believe a felony or misdemeanor punishable in 

excess of 92 days has been committed offTrust lands, and pursues the offender without unreasonable 

delay, is authorized to continue that pursuit onto Trust lands until the offender is apprehended. The 

officer may issue citations or effect an arrest ofthe offender as ifthe officer had not entered onto Trust 

lands. The officer will notify LTBB Police as soon as it is reasonable after entry into Trust lands, The 

officer may request the assistance ofLTBB Police as needed. 

13. Any LTBB law enforcement officer who observes the commission ofa felony offense or a 

misdemeanor offense on Trust lands, or who has reasonable cause to believe a felony has been 

committed on Trust lands, and pursues the offender without unreasonable delay is authorized to 

continue that pUl'Sllit off ofTrust lands until the offender is apprehended. The officer may issue citations 

or effect an arrest ofthe offender as ifthe officer had not left Trust lands. The officer wilJ notify ECSD 

as soon as it is reasonable after leaving Trust lands. The officer may request the assistance of ECSD 

officers as needed. 

14. The hot pursuit conducted under the provisions ofthis Agreement shall conform with the policy 

and procedure ofECSD regarding high speed pursuit, whether on or offTrust lands. 

In the event ofhot pursuit byLTBB officers offofTrust lands, ECSD should be notified of any 

pursuit and L TBB officers shall abide by the ECSD pursuit policy. The distribution to L TBB police and 

acknowledgment by LTBB police ofthis poHcy will be in conformance with Paragraph 11 (A). A 

command officer with the ECSD has the authority to call off a pursuit by L TBB police officers on nonTrust lands pursuant to the ECSD pursuit policy. 

In the event ofhot pursuit by ECSD officers on Trust Jaruis, LTBB police should be notified of 

any pursuit. A command officer with the LTBB has the authority to call offa pursuit by ECSD officers 

on Trust lands pursuant to the ECSD pursuit policy. 

Arrests 

15. L TBB agrees to make arrests for ECSD on Trust lands pursuant to a valid State Coi.nt warrant 

and to deliver the arrestee to ECSD. ECSD agrees to make arrests for LTBB outside ofTrust lands 

plll'suant to a valid Tribal Court warrant and to deliver the arrestee to the L TBB Police Department. 

16. Court Rules. The provisions ofMichigan Court Rule 2.615, enforcement ofTnoal judgments 

and orders, and the L TBB Court Rules regarding enforcement and recognition offoreign judgments and 

orders, shall apply to this Agreement. 
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Search Warrants 

I 7. County law enforcement officers must present search warrants authorizing the search for 

evidence located on Trust lands to the State Court and Tribal Court for enforcement, and for execution 

by Tnbal law enforcement authorities. The LTBB Prosecuting Attorney agrees to review and prepare 

search warrants for Trust lands. · 

18, When executing a state search Wll!Tallt, enforced through the Tribal Court, the LTBB Police 

Department will observe all requirements of State and Federal law regarding the conduct ofsearches. 

ECSD officers shall accompany Tribal officers when a state WaJTlll,lt is executed. 

19. Tribal law enforcement officers must present search warrants authorizing the search for 

evidence located outside Trust lands, unless jurisdiction exists under Treaty or .other Federal law, to the 

State Court and Tribal Court for enforcement, and for execution by state law enforcement authorities. 

The Emmet County Prosecuting Attorney agrees to review and prepare search warrants for such 

searches. 

20. The ECSD agrees to cooperate in the execution of Tribal search warrants outside Trust lands 

and to observe the requirements ofTribal, State and Federal law in doing so, LTBB will provide ECSD 

copies of any pertinent Tribal laws in this regard, 

Extradition 

21. Both parties waive any requirement for formal extradition processes of anyone arrested in their 

respective jurisdictions to be turned over to the otherjurisdiction. 

Immunities 

22. The provisions of25 USC § 4S0t: the Federal Tort Claims Act, and all immunities from liability 

and exemptions from laws, ordinances and regulations which apply to Tribal law enforcement officers 

continue to apply while officers arc performing duties under this Agreement involving state jurisdiction, 

as well as any rights and immunities accorded Sheriff's deputies under the laws ofthe State of 

Michigan. 

Hold Harmless 

23, ECSD and Emmet County, its boards, commissions, officers, employees and agents, and 

LTBB, its boards, conunissions, officers, employees and agents waive any and all claims against each 

other which may arise out oftheir activities performed under this Agreement unless such claims are 
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proximately caused by the gross negligence or willful misconduct ofthe other party or its law 

enforcement officers. 

24. ECSD and LTBB shall be responsible for all liability ofwhatever nature arising from the acts of 

its own law enforcement officers and employees to the extent provided by law. Under no circUD.1Btances 

shall either the County or Tribe be held liable for the acts of employees ofthe other party performed 

under this Agreement. 

Costs 

25. ECSD and LTBB shall each assume responsibility for all costs incurred by their own officers 

acting under this Agreement. 

Duration 

26. Subject to Paragraph 9 above, this Agreement shall remain in full force and effect until and 

unless terminated by either party as provided in this Agreement, or amended by mutual written 

Agreement ofthe parties. 

27. Either party may terminate this Agreement at any time upon ten ( 10) days written notice. The 

Sheriffmay immediately revoke the deputy status of an individual LTBB officer without terminating the 

Agreement. 

Non-discrimination 

28. Except to the extent that Federal law allows LTBB to follow Indian preference, neither party 

shall discriminate against any employee or applicant for employment because ofrace, creed, color, sex, 

national origin, physical handicap, age, height, weight or marital status, except insofar as it relates to a 

bona fide occupational qualification reasonably necessary to the normal operation ofthe business. Such 

action shall include, but not be limited to the following: hiring; employment; upgrading; demotion or 

transfer; recruitment or recruitment advertisement; layoff or termination; rates ofpay or other fonns of 

compensation; and selection for training including apprenticeship. In addition, each party agrees that its 

services and activities related to this Agreement will be delivered without discrimination based on 

disability consistent with the Americans with Disabilities Act of 1990. 
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Applicable Law 

29. In the event of a dispute regarding the interpretation ofthe tenns ofthis Agreement and the 

enforcement thereof, the parties agree to seek mediation through Northern Community Mediation. 

In the event that mediation is unsucc;essful, the parties agree that any issues ofthis Agreement to be 

decided by a court will use Michigan law as it relates to contracts. 

Savings Clauses 

30. Tiris Agreement, or any commission issued pursuant to it, shall not confer any authority on a 

state or tribal court, or other state, tribal or county authority which that court or authority would not 

otherwise have. Nothing in this Agreement shall be construed to cede any jurisdiction of either ofthe 

parties, to waive any immunities, to modify the legal requirements for arrest or search or seizure or to 

otherwise modify the legal rights ofany person, to accomplish any act in violation ofstate, federal, or 

tribal law or to subject the parties to any liability to which they would not otherwise be subject to by 

law. 

31. The provisions ofthis Agreement are severable and should any provision be held invalid or 

unenforceable, the =ainder ofthis Agreement remains in effect unless terminated as provided in this 

Agreement. 

The undersigned execute this Agreemiznt as duly authorized representatives ofthe 

respective parties: 

LITfLE TRAVERSE BAY BANDS OF ODAWA INDIANS 

. Date: 1/2i/cu 

Date: 1- 2 /-D3> 

Date: I· "36, o3 

Jeffery Cobe, LTBB ChiefofPolice 
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COUNTY OF EMMET 

By: 

C).e\

~es E. Tamlyn, Chair, issioners 

L&~

Peter Wallin, Emmet County Sheriff 

Date: / -/t,, -,:,,J 

Date; / -.;)C> -t;3 

Date: / - /0 -o3 

Robert~County Prosecuting Attorney